Common law couples have significant rights in BC — but also significant gaps compared to married spouses. Here's what the law actually says.
Common law relationships are increasingly the norm in BC, but many common law partners are surprised to discover both how extensive — and how limited — their legal rights are. BC has some of the broadest protections for common law spouses in Canada, but important gaps remain.
Who Qualifies as a "Spouse" Under the Family Law Act?
The *Family Law Act* (FLA) defines a spouse as either:
1. A person who is married to another person; or
2. A person who lived with another person in a marriage-like relationship for a continuous period of at least two years; or
3. A person who lived with another person in a marriage-like relationship and has a child together (regardless of duration).
If your relationship meets either of the latter two criteria, you are a spouse for most purposes of the FLA — regardless of whether you ever married.
Property Rights: Equal Division Since 2013
Since March 18, 2013, when the current FLA came into force, common law spouses in BC have the same property division rights as married spouses under Part 5. This was a significant change from the prior law. Family property (assets acquired during the relationship, and the increase in value of excluded assets) is divided equally.
The excluded property rules — pre-relationship assets, inheritances, gifts from third parties — apply equally to common law couples. And the same equal-division starting point applies, subject to the same reapportionment factors.
Spousal Support
Common law spouses who meet the FLA definition have the same right to seek spousal support as married spouses. The Spousal Support Advisory Guidelines apply equally. Courts consider the same factors: the length of the relationship, economic interdependence, career sacrifices made, and the ability of each party to achieve financial self-sufficiency.
Child Support
Child support rights and obligations are identical regardless of whether the parents were married. The *Child Support Guidelines* apply. If a common law partner has stood in the place of a parent to a child of the relationship, they may have support obligations to that child even if they are not the biological parent.
What Is Different From Marriage?
Several important differences remain:
- No divorce proceeding: Common law couples separate — they do not divorce. There is no legal process required to end a common law relationship, and no waiting period.
- No equalization payment: BC uses equal division of family property (not the Ontario-style equalization of net family property), so this difference is less significant than in other provinces.
- Unjust enrichment claims: For property that falls outside the FLA framework — particularly property acquired before the two-year mark, or disputed excluded property — a common law partner may rely on the doctrine of unjust enrichment to claim a share. These claims are complex and expensive.
- Intestacy: Without a will, a common law spouse inherits under WESA only if they lived with the deceased for at least two years immediately before death. A common law partner of less than two years may receive nothing on intestacy.
- Wills variation: A common law spouse who qualifies as a spouse under WESA can bring a wills variation claim within 180 days of probate. This is the same right as a married spouse.
The Importance of a Cohabitation Agreement
Given the complexity that arises on separation, common law couples benefit enormously from a cohabitation agreement — the functional equivalent of a marriage contract. A well-drafted cohabitation agreement addresses: what counts as family vs. excluded property, how property will be divided, whether and how much spousal support will be paid, and how jointly held assets (home, bank accounts) will be managed.
Limitation Periods
Common law spouses have two years from the date of separation to bring a property division claim under FLA s.198. This clock starts running on the date of separation. Missing this deadline can permanently extinguish a claim to significant property.
*This article is general information about BC family law. It is not legal advice. Please consult a qualified BC family lawyer for advice specific to your circumstances.*
No. Common law relationships end by separation — there is no legal process, no filing, and no waiting period equivalent to the one-year divorce requirement. However, you may need court proceedings if you and your partner cannot agree on property division, support, or parenting arrangements.
Two continuous years of living in a marriage-like relationship. Alternatively, property rights arise at any duration if you have a child together. The two years must be continuous — a series of shorter relationships with the same person does not automatically aggregate.
Possibly. If the house was acquired during the relationship, it is likely family property subject to equal division under Part 5 of the FLA. If it was acquired before the relationship, only the increase in value during the relationship is divided. If it was excluded property (e.g., inherited), an unjust enrichment claim may still be available depending on your contributions.
Only if you lived together for at least two years immediately before death. A common law partner who does not meet that threshold receives nothing on intestacy under WESA. This is one of the strongest arguments for making a will — particularly for couples who have been together for less than two years or whose living arrangements have been interrupted.
Two years from the date of separation under FLA s.198. This deadline is strict. If you miss it, you may be permanently barred from making a property claim regardless of how significant your interest might have been. Consult a lawyer as soon as possible after separation to protect your rights.